Mississippi Advisory Opinions June 22, 2001: AGO 2001-0367 (June 22, 2001)

Advisory Opinion Text

Fritzie Toney Youngman, Esquire

Attorney for City of Belzoni

Post Office Box 778

Greenville, Mississippi 38702-0778

Re: Copying Ballots

Dear Ms. Youngman:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

In my capacity as city attorney for the City of Belzoni, Mississippi, the following question has arisen. Under Mississippi Code Annotated Section 23-15-911, does a candidate who lost the election have the right to make copies of the contents of the ballot box which includes the ballots which were cast and counted in the election as well as the ballots which were rejected?

In response to your inquiry please see the enclosed copy of an opinion addressed to Valerie T. Smith, dated June 13, 1997. In summary that opinion states that while Mississippi Code Annotated, Section 23-15-911 (Supp. 2000) gives candidates the right to examine ballot boxes following an election, there is no statutory authority for a candidate to remove the ballots to copy or to bring a copy machine into the room where the ballots are kept to make copies of the ballots. This remains the opinion of this office.

Sincerely,

Mike Moore Attorney General

Phil Carter Special Assistant Attorney General